Quantifies of narcotic substances as prescribed in this Decree are the actual quantities of narcotic substances collected or proved to get involved in specific offences during the process of investigation, prosecution or trial.
If the percentage ratio of quantity of each narcotic substance determined under the provisions in this Decree is a decimal number, it shall not be rounded and include one digit after the decimal point.
This Decree takes effect from the date of signing.
Accordingly, in principle, investigating authorities are still the authorities competent to handle crime reports and petitions for prosecution.
However, according to the new regulations of this Circular, the Procuracy shall handle a crime report in the case where the investigating authority commits a serious violation of law during verification of the crime report or is suspected of omission of crime.
“serious violation of law” means a situation in which an organization or person having the power to handle crime reports or petitions for prosecution (hereinafter referred to as “competent authority” or “competent person”) fails to comply with or fully comply with the Circular specified in the Criminal Procedure Code 2015 during verification and thus seriously violates the lawful rights and interests of the litigants or affects the truthfulness and integrity of the source of information about criminal activities.
“sign of omission of crime” means a situation in which a competent authority or competent person fails to issue a decision to bring a criminal charge or issues a decision not to bring a criminal charge or delays the handling of a crime report or petition for prosecution despite the fact that there is ample evidence for doing so.
This Joint Circular takes effect from March 1st, 2018 and replaces Joint Circular No. 06/2013/TTLT-BCA-BQP-BTC-BNNPTNT-VKSNDTC dated August 2nd, 2013.
- Accused persons from 16 years old to under 18 years old
- Accused persons in near-poor households
- People in one of the following cases having financial difficulties: Blood parents, spouses and children of patriotic martyrs; persons having merits in nurturing young patriotic martyrs; People infected with dioxin; Victims in criminal prosecutions from 16 years old to under 18 years old; Victims in family domestic violence cases; Victims of human trafficking cases.
This Law takes effect from January 1st, 2018 and replaces the Law on legal aid No. 69/2006/QH11 dated June 29th, 2006.
Accordingly, criteria for classification of crimes (less serious crime, serious crime, very serious crime, extremely serious crime) with regard to corporate legal entities are also principally based on their nature and danger to society.
Apart from the criminal offences regulated in the Criminal Code No. 100/2015/QH13 such as smuggling; manufacturing and trading of counterfeit goods; tax evasion; printing, issuing, dealing in illegal invoices and receipts; evading payment of social insurance, health insurance, unemployment insurance for workers; etc. under this Law, corporate legal entities shall be also punished for money laundering, terrorism sponsoring.
However, this Law abolishes Article 292 on illegal provision of services on computer network or telecommunications network – in order words, the illegal provision of services on computer network or telecommunications network shall be no longer subject to criminal prosecution.
The law project on amending, supplementing to a number of articles of the Criminal Code No. 100/2015/QH13 shall be added to the program to elaborate laws and ordinances in 2016 and submitted to the XIVth National Assembly at its 2nd meeting session
As the result, the Criminal Code No. 15/1999/QH10 (whose a number of articles have been amended, supplemented according to Law No. 37/2009/QH12); The Criminal Procedure Code No. 19/2003/QH11; the Ordinance on Organization of Criminal Investigations No. 23/2004/PL-UBTVQH11 (whose a number of articles have been amended, supplemented according to the Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12); Decree No. 89/1998/ND-CP promulgating the regulations on temporary custody and detention (whose a number of articles have been amended, supplemented according to Decree No. 98/2002/ND-CP and Decree No. 09/2011/ND-CP) shall be still applied to the date on which the Law amending, supplementing to a number of articles of the Criminal Code No. 100/2015/QH13 takes effect.
This Resolution takes effect from June 30th, 2016.
One of the new points of this Criminal Code is the supplement of a separate Chapter which provides the regulations applied to commercial legal entities committing criminal offences (Chapter XI)
Accordingly, a commercial legal entity shall only bear criminal responsibility if all of the following conditions are satisfied (Article 75):
i/ The criminal offence is committed in the name of the commercial legal entity;
ii/ The criminal offence is committed in the interests of the commercial legal entity;
iii/ The criminal offence is under instructions or approval of the commercial legal entity;
iv/ The time limit for criminal prosecution has not expired.
In addition, a commercial legal entity shall only bear criminal responsibility when he/she commits the criminal offences prescribed in Article 76 of this Code
Forms of penalty applicable to commercial legal entities committing criminal offences include: fine (the minimum fine level is VND 50,000,000 (Article 77)), suspension of operation (from 06 months to 03 years (Article 78)), permanent shutdown (Article 79), prohibition from operating in certain fields (Article 80), prohibition from raising capital (Article 81), etc.
An offending commercial legal entity may be exempt from punishment after the damage has been repaired and compensation has been paid (Article 88)
Criminal Code No. 15/1999/QH10 and Law No. 37/2009/QH12 on amendment, supplement to a number of articles of the Criminal Code shall be ineffective from the effective date of this Code.